Commonwealth v. Yates

On an indictment for murder in the first degree the defendant pleaded guilty to so much of the indictment as alleged murder in the second degree. Pursuant to Mass.R.Crim.P. 30, 378 Mass. 900 (1979), he subsequently sought to withdraw his plea on the grounds that he was not advised by his counsel or the court on the essential elements that the prosecution would have to prove where the facts, he claims, raised the issue of provocation. He claims that his admissions on factual matters at the plea colloquy did not establish that provocation was not a live issue.

The motion judge (who was the judge…